In recent years, municipalities in New Jersey have struggled to limit the intensity of development on individual lots. Many communities have sought ways to curtail the construction of ostentatious McMansions or large-scale office complexes that dwarf existing commercial areas.
An effective tool that many municipalities have relied upon are ordinances regulating floor area ratio (FAR). The New Jersey Municipal Land Use Law defines floor area ratio as “the sum of the area of all floors of buildings or structures compared to the total area of the site.” For example, if you have two buildings with a combined square footage of 11,700 square feet on a one-acre lot, the floor area ratio would be .26 (11,700 sq. ft. ÷ 43,560 sq. ft.). Consequently, by establishing a maximum FAR, a municipality can reduce the intensity of development by effectively controlling the size of structures proposed on an individual lot. Generally, in New Jersey, floor area ratios range between .25 and .35.
What happens if the home or office you propose exceeds the maximum FAR? In these instances, you will need to apply for a use variance under section 70d(4) of the MLUL. Importantly, the standard review for a FAR use variance is not nearly as rigid as it is for a traditional use variance which seeks approval for a use that is not permitted. With a FAR variance, the use is allowed, but the size or scope of the proposed construction is not.
To secure the FAR variance, you only have to convince the Land Use Board that the property can accommodate any problems arising from the proposed non-conforming structure. Often, the Board will focus on the possible interference the structure might have on the air, open space and light for adjoining properties; the adequacy of parking and traffic circulation; and the compatibility of the proposed structure in the neighborhood. You also need to convince the Board that the FAR variance would not cause a substantial detriment to the public good and would not substantially impair the intent and purpose of the municipality's master plan or zoning ordinances.
Should you need to obtain a FAR variance, kindly contact one of the attorneys at Lavery Selvaggi & Cohen. We have the experience and can successfully represent you in applications for FAR variances that you will need to develop your property.